Acquiring Legal Representation to File a Medical Malpractice Lawsuit

by David Zevan on Feb. 26, 2015

Accident & Injury Medical Malpractice Accident & Injury Accident & Injury  Wrongful Death 

Summary: Getting injured due the negligence of a healthcare provider can be a traumatic experience.

Getting injured due the negligence of a healthcare provider can be a traumatic experience.

The victims of medical malpractice are often left physically and mentally traumatized and may find it difficult to assess the situation clearly. It is important to consult an experienced Missouri medical malpractice lawyer for legal assistance. The lawyer will assess your injury and fight to protect your rights. If you are unsure about whether or not your medical condition is a result of medical malpractice, you should discuss your case with a lawyer. Medical malpractice can occur in a number of ways: failure to diagnosis, misdiagnosis, gross negligence, unauthorized treatment, lack of informed consent, erroneous treatment, or breach of doctor-patient confidentiality.

Recovering Damages for Medical Malpractice

A victim of medical malpractice may take action against any party responsible for causing the injury. The victim may file a lawsuit against a health care provider, hospital, pharmacy, or medical device manufacturer. If you have been injured due to medical negligence, you may be able to recover the following damages:

  • medical expenses, both past and future
  • physical and mental pain
  • disfigurement
  • loss of enjoyment of life
  • cost of hiring domestic help for household work
  • loss of consortium
  • loss of earning capacity
  • loss of companionship
  • lost wages for time spent away from work

Choosing the Best Legal Strategy

All medical malpractice claims are subject to compulsory arbitration, mediation, or litigation. To choose the best legal strategy for your situation, the attorney will collect and evaluate the facts and assess the law. This includes interviewing witnesses, confering with expert witnesses, collecting records, and negotiating with the insurance company and the opposing counsel.

What You Can Do to Prepare

A medical malpractice victim plays an important role in helping the attorney prepare the case such as contacting the medical license board and the doctor, obtaining a second opinion from a doctor, and acting within the statute of limitations for filing the claim. The victim should collect and preserve the following documents to support the case:

• medical records
• prescription medicine records
• mental health records
• hospital or medical provider invoices and bills
• insurance information
• evidence of lost wages
• other documents related to the medical malpractice claim

If you have been injured as a result of a doctor or medical care provider’s negligence, consult with Zevan and Davidson Law Firm LLC at (314) 588-7200. We have over 20 years experience as personal injury and medical malpractice attorneys in Saint Louis.

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